§15-16-1  Purpose.  This chapter governs procedures before the Hawaii community development authority under chapter 206E, HRS, and shall be construed to effectuate the purpose of the chapter and to secure the just and efficient determination of every proceeding.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-2  Definitions.  As used in this chapter, except as otherwise required by context:
 "Authority" is as defined by section 206E-2, HRS;
 "Chairperson" means the duly elected chief presiding officer of the authority and in the absence or incapacity of the chairperson, the vice chairperson;
 "Designated representative" means any employee or officer of the department of finance, department of planning and economic development, department of accounting and general services, and department of social services and housing, designated by the respective department head to represent the head at any authority meeting or proceeding with all of the rights and privileges of full membership, provided that designation for representation at any proceeding shall not be made except for the entire duration thereof;
 "Executive director" means the chief executive officer of the authority who is appointed by the authority and who serves at the pleasure of the authority;
 "Kakaako community development district" as defined by section 206E-32, HRS;
 "Meetings" means the convening of the authority for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter under the supervision and control of the authority;
 "Petitioner" means any person or agency who or which petitions or on whose behalf a petition is made to the authority and concerning which the authority may take action under statutory or other powers granted to it;
 "Proceeding" means to any matter brought before the authority which is given consideration in light of the community development goals of providing a comprehensive plan for the Kakaako district and future community development districts designated by the legislature.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-3  The authority.  (a)  The office of the authority is in Honolulu, Hawaii.  All communications to the authority shall be addressed to the authority's office, unless otherwise directed.
 (b) The office of the authority shall be open from 7:45 a.m. to 4:30 p.m. of each weekday, unless otherwise provided by statute or executive order.  [Eff 6/25/81, am 5/31/84, comp 9/8/86] (Auth:  HRS §§ 91-2, 206E-4) (Imp:  HRS §§206E-3, 206E-4)
 

 §15-16-4  Meetings.  (a)  The authority may meet and exercise its powers in any part of the State of Hawaii.  All meetings of the authority shall be open to the public, except executive meetings.  Public notice of all meetings, except emergency meetings, shall be made pursuant to section 92-7, HRS.  The parliamentary procedure to be utilized by the authority in the conduct of its meetings, shall be based on Robert's Rules of Order, Newly Revised, l971.
 (b) Regular meetings shall be held at the regular meeting place of the authority on the first Wednesday of the month, provided that if such date is a legal holiday, then the regular meeting for such date shall be held on the date immediately following the holiday.  Any and all business of the authority may be transacted at regular meetings.  Notices of meetings of the authority shall:
 (1) Be sent to those requesting to be on the mailing list for this purpose and other interested parties;
 (2) Be posted in the office of the authority; and
 (3) If possible, be distributed to the news media.
The authority may hold its regular meetings on other than the stipulated dates, times, and places, provided that proper notice be given of the changes.
 (c) Special meetings may be held at such times and places as the authority may require, as called by the chairperson at such time and place as the chairperson may determine, and must be called by the chairperson upon the written request of three or more members of the authority filed with the executive director.  Written notice of any special meeting must be given to each member of the authority at least seventy-two hours prior to the date of the special meeting.  At the special meeting, no business shall be considered other than as designated in the notice.
 (d) The authority may hold an executive meeting closed to the public upon a two-thirds affirmative vote of the members present at the meeting.  The reason for holding the executive meeting and the vote of the members shall be recorded and entered into the minutes of the meeting.  An executive meeting may be held for any of the following purposes:
 (1) To consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against such individuals, where consideration or matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held;
 (2) To deliberate concerning the authority of persons designated by the authority to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations;
 (3) To consult with the authority's attorney;
 (4) To investigate proceedings regarding criminal misconduct; and
 (5) To consider sensitive matters related to public safety or security.
No ruling, rule, contract, appointment, or decision shall be finally acted upon in an executive meeting.
 (e) The authority may hold an emergency meeting upon a finding that an imminent peril to public health, safety, or welfare exists, provided that:
 (1) The authority states in writing the reasons for its finding;
 (2) Two-thirds of the members to which the authority is entitled agree that the findings are correct and an emergency exists;
 (3) An emergency agenda and the findings are filed with the authority's office; and
 (4) Persons on the mailing list are contacted by mail or telephone as soon as practicable.  [Eff 6/25/81, am and comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§92-3, 92-4, 92-5, 92-8)
 

 §15-16-5  Quorum and number of votes necessary for a decision.  The power of the authority shall be vested in the members of the authority in office from time to time.  A quorum shall consist of a majority of all the members the authority is entitled to by statute, and the affirmative vote of at least that number of members shall be necessary to make any action of the authority valid.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §92-15)
 

 §15-16-6  Minutes.  (a)  The authority shall maintain written minutes of all its meetings, setting forth an accurate record of votes and actions taken.  Unless otherwise required by law, neither a full transcript nor a recording of the meeting shall be required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of the members.  The minutes shall include, but are not limited to:
 (1) The date, time, and place of the meeting;
 (2) The members of the authority recorded as either present or absent;
 (3) The substance of all matters proposed, discussed, or decided; and a record of any votes taken by the individual members; and
 (4) Any other information that any member of the authority requests be included or reflected in the minutes.
 (b) The minutes shall be public record and shall be available within thirty days after the meeting, except where such disclosure would be inconsistent with section 92-5, HRS; provided that minutes of executive meetings may be withheld for so long as their publication would defeat the lawful purpose of the executive meeting, but no longer.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §92-9)
 

 §15-16-7  Authentication of authority actions.  All actions, decisions, and orders taken shall be signed by the members of the authority acting in such proceedings or by the chairperson upon delegation by the members acting in the proceeding.  Official copies of decisions, orders, and other authority actions may be distributed under the signature of the chairperson of the authority or a person delegated by the chairperson.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-8  Submittals and requests.  All submittals and requests requiring authority action which may be taken at an authority meeting shall be made in writing and filed with the office of the authority in Honolulu, Hawaii, ten days before the scheduled meeting, or by order of the authority.  Requests for public information, copies of official documents, or opportunity to inspect public records shall be made in writing to the authority office or in person at said office.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-9  Removal of persons from meetings.  The authority may remove any person or persons who wilfully disrupt a meeting to prevent and compromise the conduct of the meeting.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-10  Delegation of administrative duties.  (a)  The authority may delegate to the executive director such power or authority vested in the authority as it deems reasonable and proper for the effective administration of chapter 206E, HRS, except the power to adopt, amend, or repeal rules.
 (b) The authority, by a majority of the members to which it is entitled, may appoint a hearings officer to conduct a proceeding as provided in this chapter and pursuant to the requirements of chapter 91, HRS.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-11  Duties of executive director.  The executive director is the person appointed by the authority to serve as the chief executive officer of the authority.  The executive director shall be directly responsible to the authority, and shall have control of and responsibility for the execution of the authority's policies, the administration of its affairs, and the employment and supervision of its personnel.  At each meeting of the authority, the executive director shall furnish its members with such information and make such recommendations as shall be necessary to effect the purposes of the authority and for the proper administration of its affairs.  The executive director shall authorize and certify payrolls, requisitions, invoices, and other documents essential to the proper administration of the authority.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §206E-3)
 

 §15-16-12  Public records.  (a)  The term "public records" as used in this chapter is defined as in section 92-50, HRS, and shall include all maps, rules, written statements of policy or interpretation formulated, adopted, or used by the authority in its functions, all decisions, orders, minutes of the authority's meetings, and records of any docket on file with the authority but shall not include records which invades the right of privacy of an individual.
 (b) All public records shall be available for inspection in the office of the authority during established office hours unless public inspection of the records is in violation of any state or federal laws.
 (c) Public records printed or reproduced by the authority shall be given to any person requesting the same and paying the reasonable cost thereof.
 (d) Requests for public information, for permission to inspect official records, or for copies of public records shall be handled expeditiously.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§92-50, 92-51)